Family Law Blog

Mediation May Only Work During the Most Amiable of Divorce Cases

By admin on August 11, 2010

According to a recent USA Today article, a more amicable trend regarding divorce matters is taking place all across the country. That is, whereas many divorces are characterized by longer, drawn out proceedings that are fueled by disagreements and sentiments of anger; a new approach is being utilized by more and more couples looking to end their marriages. Mediation proceedings are being used more often as a means of deciding division of property, child custody agreements, and other facets of family law matters.

Using this approach, couples basically sit down with one another and calmly decide how best to go their separate ways, discussing division of assets, who should stay in the family home with children, how often children may be visited and whom the children will primarily live with. Under the most ideal of circumstances, mediation may be the answer for a couple getting a divorce. However, it is important to keep in mind that during a more stressful divorce process, rationally being able to make important decisions is extremely difficult.

While the mediation approach may work for some couples, not all cases of Colorado divorce and separation are the same. Unless a couple is in mutual agreement that their marriage should end, and unless that couple is able to reasonably discuss matters without any sense of heartache or emotionally fueled anger, then mediation may not be the most viable option for them. Divorce proceedings can be very complicated, and it is important to keep in mind that a fair division of assets and other reasonable decisions should be the end goal for all parties involved.

There are multiple factors that need to be carefully examined during divorce proceedings. When young children are involved, there are even more details that need to be considered. Regardless of your situation though, it is always a good idea to retain the services of a skilled family law attorney in the event that divorce is the only solution to your marriage. If you’re thinking about filing for divorce in Colorado, please contact the Denver divorce lawyers at Kaplan Law, LLC. Our Colorado family law attorneys will fight to ensure that all decisions made are equitable, keeping your best interests in mind at all times. For more information, please call us today at 1-877-527-5260.

How to File a Petition for Paternity in Colorado

By admin on August 4, 2010

The Colorado State Judicial Branch website is an informative site that allows users to search court records, make court payments, and download important forms for a variety of legal issues, including those centering-around family law. It is very important that these forms are properly filled out, and that all available information that is requested per form is provided in its entirety. When filling out such paperwork, it may be a good idea to retain the services of an experienced Colorado family law attorney to ensure that all information is provided as requested.

When filing a petition for paternity, there are 12 sections that need to be filled out for completion. Much of the information is relatively self-explanatory, but it is still essential that the information is accurate. Information about the Petitioner and about the Respondent are each required, as is information (name, address, birthday) pertaining to any children whom the respondent is the biological parent of. Information about previous court proceedings regarding the child or children in question, as well as any knowledge of proceedings that could affect the current proceeding’s outcome, are all required by the Colorado court system. Even the names of all non-familial parties involved need to be revealed to the court via the petition.

Court proceedings of all kinds can be complicated, especially for someone who has had little or no experience dealing with such a situation in the past. At Kaplan Law, LLC, our experienced Denver paternity attorneys will help you every step of the way throughout your Colorado child paternity case. For more information, call us today at 1-877-527-5260

Facebook Material May Be Used as Evidence in Colorado Divorce Cases

By admin on July 15, 2010

Divorce in Denver can be a confusing, emotional time for any couple who determines that ending their marriage is the best course of action. The separation of assets, property, and finances can be difficult and overwhelming on top of the challenges posed when determining custody of children. However, to add insult to injury, if one spouse finds out about the other’s dishonesty or questionable actions through a social networking site such as Facebook or MySpace, the offended spouse may be able to use such information in their case or other legal proceedings.

Social networking sites like Facebook have become increasingly popular over the last decade with users posting information about business endeavors, reuniting with old friends and other details of their personal lives. According to a USA Today article, when it comes to causes for divorce and divorce legal proceedings, some Colorado family law attorneys are seeing first-hand that social networking sites can jeopardize a relationship and may also provide a spouse with leverage in court. People post comments, photos, status updates and bulletins openly on the Internet without thinking about who might see it, including a divorce court judge.

Colorado’s divorce rate is already high with approximately 4.3 percent of marriages per 1,000 in population ending in divorce, according to 2005 data noted by the Rocky Mountain Family Council. With the addition of social networking sites being used as potential evidence in divorce cases, the need for skilled legal counsel and representation from an experienced Denver family law attorney is more important than ever, especially when child custody and spousal support must be established.

If you are thinking about filing for divorce in Colorado, it’s important to consult with a Denver divorce attorney as soon as possible. It’s crucial for you to fully understand your rights and be familiar with every detail surrounding your case to ensure positive results. The knowledgeable Colorado divorce lawyers at Kaplan Law, LLC can help you through this challenging process so that you can maintain your financial balance and move forward. For more information, please call Kaplan Law, LLC at 1-877-527-5206.

Troops’ Parental Rights to Child Custody

By admin on June 23, 2010

Going through a divorce in Colorado can be a stressful experience, but it does not have to deprive you of your right to custody of your children. However, troops and military service members alike are finding that their rights to custody as a parent may be in jeopardy. According to a Stars and Stripes article, lawmakers are examining potential amendments to improve legislation to better protect servicemembers’ parental rights to child custody.

When servicemembers are involved in Colorado child custody disputes, one of the biggest issues is deployment-related absences. Mothers and fathers who are active-duty servicemembers are asking for protection against breaks in parental care related to military service harming their chances of obtaining custody. Based on the article, approximately 142,000 servicemembers have primary custody of their children.
While several lawmakers advocate the adoption of a uniform statute to be implemented nationwide, statutes are pending in 14 other states and 33 states have enacted military child custody laws, Colorado included.

A bill advocating more detailed information regarding custody rights in the Servicemembers Civil Relief Act – a federal law that gives troops special legal privileges not provided to civilians – has been noted to have bipartisan support and has been included in the annual defense authorization act by the House Armed Services Committee. The provision also forbids state courts from permanently modifying custody orders during a parent’s deployment and would require pre-deployment custody to be given back except in cases where doing so is not best for the children involved.

The “allocation of decision-making responsibility” and the “allocation of parental responsibility” characterize child custody matters in Colorado. The legal matters surrounding these cases are some of the most complex in family law, making finding a qualified and dedicated Denver child custody attorney all the more important. At Kaplan Law, LLC, our skilled Colorado family law attorneys have extensive experience in child custody and visitation. Call us today at 1-877-527-5206 for more information on how we can help.

What’s the Difference Between a Divorce and a Legal Separation?

By admin on May 26, 2010

Typically, in a Colorado divorce, property and debts are separated and spousal support is determined. In addition, if children are involved, parenting issues and child support must be resolved. The marriage ends with the issuance of a divorce decree.

A legal separation in Colorado also separates couples financially and declares the parties to be separate individuals without responsibility for one another. The legal separation paperwork also addresses parenting issues and child support. Much of the same paperwork must be done to complete a legal separation as a divorce. In a separation, the judge issues a decree of legal separation rather than a divorce decree.

One of the primary differences between a divorce and a legal separation is that the couple who have legally separated cannot remarry until they obtain a divorce decree. In addition, couples who have legally separated retain inheritance rights. If the couple who has legally separated decides to divorce, they can convert their decree of legal separation into a divorce decree fairly simply under Colorado law.

There are some reasons couples may seek a legal separation instead of a divorce. They may not be sure that a divorce is what they want but need time apart. They may wish to retain medical or other benefits that would be lost in a divorce. Some couples have a religious objection to divorce. Some social security benefits or military pensions are only available after a couple has been married for 10 years, so a couple could seek a legal separation instead of a divorce in order to qualify for those benefits.

If you are married in Colorado and think a legal separation may be right for you, contact the experienced and dedicated Denver family attorneys at Kaplan Law, LLC. Our legal team will help you analyze your situation to decide whether a legal separation would be a good option. Please call us today at 1-877-527-5206.

Adoption Records in Denver May Become Available

By admin on May 19, 2010

In Denver, a group of individuals is gathering signatures to allow an adoption issue on the ballot in Denver. According to a Denver CBS4 report, this group wants to make birth records available to adopted children who are over the age of 18 and had their adoptions finalized in Denver at the City and County Building. The group will need 4,000 signatures to get the matter on the ballot.

This group claims that adopted children should have unrestricted access to their birth records once they turn 18. The proposed law gives birth parents 180 days in which to file forms stating that they don’t wish to be contacted. Adoption records are currently governed by state law.

Proponents of the law claim that most adoptive children want access to their birth records to fill in a missing piece of their lives. In addition, some need access to medical information. Those who oppose the ordinance argue that there are a lot of birth parents who do not want to be found. They also claim that adopted children don’t want to know who their birth parents are because they already have parents, even if they are not biological. Another concern about the ballot initiative is jurisdictional issues between state law and the city ordinance.

Adoption issues in Denver can be very complicated on both an emotional and legal level. If you need experienced and dedicated attorneys to help with your Colorado adoption case, contact Kaplan Law, LLC today. Our team will work with you to figure out a plan that is tailored to your unique situation. For more information about adoption or adoption-related issues, contact our Denver family law attorneys today by calling 1-877-527-5206.

Determining Colorado Child Support Obligations

By admin on May 12, 2010

In Colorado, the amount of child support that one parent must pay another depends on a variety of factors set out under Colorado law. The level of support is determined based on the gross income of both parents, which includes investments, social security, etc. but does not include the income of a new spouse of a parent. The court also looks at the number of children and the percentage of time the children spend with each parent. In addition, if one child lives with one parent and another child or children live with the other parent, separate support obligations must be determined and weighed against each other.

The rules are fairly inflexible, and do not take into account how much a parent’s living expenses or child-related expenses actually are. However, an experienced Colorado child support lawyer knows the court will take into consideration child care expenses and medical insurance and other medical expenses in making its child support determination.

If one parent or both parents are unemployed or underemployed (taking a job at less pay than he or she could otherwise earn in order to avoid child support obligations), the court may decide to impute, or assign, to that parent extra income when making the determination. However, if a parent is in school or is a stay at home parent caring for a child under 30 months old, income may not be imputed to that parent. Child support typically continues until the child turns 19, graduates from high school, marries, or joins the military.

Child support issues in Colorado can be tricky. If you need help with a modification of child support or other child support issues, contact the experienced Denver child support attorneys at Kaplan Law, LLC. We will work hard to ensure your rights are protected and that your child support matters are successfully and efficiently resolved.

Financial Infidelity a Major Cause of Divorce

By admin on May 7, 2010

According to a 2005 Redbook survey discussed in a fredericknewspost.com article, nearly one-third of adults in a committed relationship admitted to being dishonest to their partner about their spending habits. Women are more likely than men to be dishonest about finances. Some common examples of “financial infidelity” include secret purchases, money stashed away without the knowledge of one of the partners, and debt that only one partner knows about.

Although financial problems are a leading cause of divorce throughout the nation, many couples avoid discussions about finances, which can lead to financial infidelity. Financial infidelity can be a sign that the relationship is not open and honest. In addition, many spouses have difficulty turning over control and security, which money represents, to their partners. If two partners have very different opinions on money and how it should be spent, it’s still possible for couples to work together on finances, but they must have very open and honest communication about money.

Once financial infidelity occurs, it’s important to bring it to light immediately so the wronged spouse can forgive. In addition, using a neutral third party, such as a financial advisor or another couple, can help to prevent money secrets from occurring in the future. In addition, working on a future financial plan together can help rebuild the relationship.

Sometimes when financial infidelity occurs, divorce becomes inevitable. In that case, you should retain the services of a highly skilled Colorado divorce attorney. If you are considering filing for divorce in Colorado, contact the knowledgeable Denver family lawyers at Kaplan Law, LLC by calling 877-527-5260. Our team is highly trained and experienced in the area of Colorado divorce law. We can help.

Disabled Woman Allowed to Seek Visitation Rights

By admin on April 26, 2010

A Los Angeles judge ruled last week that the parents of a brain-damaged mother of triplets can sue on her behalf for the right to visit her children. According to an LA Times article, the 34-year-old woman gave birth to the triplets in 2006. During the delivery, she suffered a massive blood loss, which led to cardiac arrest. She was finally revived but the lack of oxygen to her brain left her unable to move or speak. The triplets were born healthy. She and her husband divorced but left decisions over child custody, visitation, property and child support to be sorted out later. The triplets’ father refuses to let the mother visit the triplets, claiming it would be detrimental to them.

The mother now lives with her parents in South Carolina. Her ex-husband lives in California with the triplets, who do not visit their mother. The woman’s parents claim that she communicates by blinking, and has expressed a desire to see her children. The woman’s former husband alleges that she is in a vegetative state and is unable to communicate.

The woman’ parents recently petitioned the court to allow them to sue on her behalf for visitation rights. Her ex-husband argued that it’s impossible to know what the mother wants, because she’s incompetent, and that to give her parents some rights in the divorce case would set a dangerous precedent. The court ruled that her parents could seek visitation on her behalf, and ordered neurological testing. Another hearing is set for May 13.

If you or someone you know is experiencing a painful child custody battle, get an experienced child custody Colorado attorney to fight for your rights. Call our experienced team at Kaplan Law, LLC, at 877-527-5206. We will work hard to protect your rights and obtain a successful outcome in your child custody or divorce case.

Issues Surrounding Grandparents’ Minimal Visitation

By admin on February 4, 2010

Grandparents are not always thought of in child custody cases. For many families though, grandparents can provide stable environments for children and, as consequence, shouldn’t be forgotten about when it comes to child custody and parceling out visitation rights. According to a chicagotribune.com article, grandparents can sometimes find themselves completely at the mercy of their grandchild’s parent, and there is little they can do about it.

Reportedly, two grandparents in Iowa are having a very difficult time spending time with, and even seeing, their two grandsons. The article explains that the boys’ mother passed away, that they now reside strictly with their father, and that their father (son-in-law to the aforementioned grandparents) chooses to rarely respond to visitation requests made by the grandparents. This renders their time with the grandchildren practically non-existent. Legislation in the state of Iowa, where this particular story is playing out, does not make it very easy for grandparents to see the grandchildren, particularly when one of the children’s parents is deemed fit and capable of raising the children and the best interests of the child are satisfied. In the eyes of the courts, grandparent visitation rights are the decision of the children’s parent or parents. Grandparents have little recourse in the way of filing suits, especially since, if such a visitation suit is sought and lost, the grandparents may never again see their grandchildren.

In the state of Colorado, the best interests of the child always take precedent in child custody and visitation rights hearings. If you are a grandparent and are seeking visitation rights of your grandchild, contact an experienced Colorado child visitation rights attorney at Kaplan Law, LLC. Our skilled Denver family law attorneys will examine the circumstances of your visitation rights case, and will work on your behalf to ensure that your rights are not infringed upon in a court of law. For more information about grandparents’ rights, please call us today at 1-877-527-5260.

Source:http://archives.chicagotribune.com/2009/dec/20/local/chi-ap-ia-grandparentsright